What do I need to prove to win a pedestrian accident case?

To win a pedestrian accident case in California, you need to prove that the driver or motorist was negligent in driving their vehicle. This involves establishing four elements: duty, breach, causation and damages. First, you need to prove that the driver owed a legal duty of care to the pedestrian. In most cases, this is relatively easy as all drivers owe a reasonable degree of care to other people on the road. Second, you need to establish that the driver failed to meet their legal duty of care. For example, this could include running a stop sign, speeding, or failing to yield the right of way. Third, you need to prove that this breach of the driver’s legal duty of care led to the pedestrian accident. This is done by showing that the accident was reasonably foreseeable if the driver had met their legal duty of care. Finally, you need to prove that the pedestrian suffered damages as a result of the accident. This could include medical expenses, lost wages, and pain and suffering. In conclusion, to win a pedestrian accident case in California, you need to prove that the driver owed a legal duty of care, that they breached that duty of care, that this breach of the duty of care caused the pedestrian accident, and that the pedestrian suffered damages.

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